DocketNumber: 03-16-00206-CV
Filed Date: 5/27/2016
Status: Precedential
Modified Date: 6/1/2016
ACCEPTED 03-16-00206-CV 10873951 THIRD COURT OF APPEALS AUSTIN, TEXAS 5/27/2016 3:42:57 PM JEFFREY D. KYLE CLERK No. 03-16-00206-CV FILED IN 3rd COURT OF APPEALS IN THE THIRD COURT OF APPEALS AUSTIN, TEXAS AUSTIN, TEXAS 5/27/2016 3:42:57 PM JEFFREY D. KYLE Clerk UNITED STATES STEEL CORPORATION, Defendant/Appellant/Cross-Appellee v. JOHN H. YOUNG, INC., Plaintiff/Appellee/Cross-Appellant. ___________________________________________________________________ On appeal from the 155th Judicial District Court Fayette County, Texas, Hon. Jeff R. Steinhauser, Judge Presiding __________________________________________________________________ APPELLEE/CROSS-APPELLANT JOHN H. YOUNG, INC.’S MOTION TO FILE CONSOLIDATED BRIEF TO THE HONORABLE COURT OF APPEALS: Appellee/Cross-Appellant John H. Young, Inc. (“JHYI”) files this [Un]opposed Motion to File Consolidated Brief, and in support thereof, respectfully shows as follows. 1. The Final Judgment in this case was signed on December 29, 2015. On March 24, 2016, United States Steel Corporation (“US Steel”) filed its Notice of Appeal in the trial court. On March 30, 2016, JHYI filed its Notice of Cross- Appeal in the trial court. 1 2. The Clerk’s Record was filed on May 17, 2016, and the Reporter’s Record was filed on May 20, 2016. US Steel’s Appellant’s Brief and JHYI’s Cross-Appellant’s Brief are presently due on June 20, 2016. 3. In the interests of judicial economy and efficiency, JHYI requests that it be permitted to brief the issues in its cross-appeal in conjunction with its Appellee’s Brief. The deadline for JHYI’s consolidated brief would be 30 days after US Steel’s Appellant’s Brief is filed. JHYI’s Cross-Appellant’s Reply Brief would be due 20 days after US Steel filed its Cross-Appellee’s Brief. 4. Nothing herein is intended to be a waiver of either party’s right to seek an extension of time in which to file their briefs, as may be necessary and permitted. 5. This motion is not sought for delay, but in the interest of justice and to ensure that JHYI’s combined brief sufficiently aids the Court in its decisional process, without unnecessarily burdening the Court with duplicative briefing. Permitting JHYI to file a consolidated brief will reduce the number of briefs JHYI files in this appeal from three to two. CONCLUSION AND PRAYER For all of the foregoing reasons, Appellee/Cross-Appellant John H. Young, Inc. respectfully prays that the Court grant JHYI’s Motion to File Consolidated 2 Brief, and permit JHYI to file a consolidated brief in accordance with the schedule set forth herein. Respectfully submitted, ZABEL FREEMAN By: __/s/ Thomas A. Zabel ___ Thomas A. Zabel State Bar No. 22235500 Nancy H. Elliott State Bar No. 08701240 Pamela M. Dupuis State Bar No. 24040840 1135 Heights Blvd. Houston, Texas 77008 Telephone: (713) 802-9117 Facsimile: (713) 802-9114 tzabel@zflawfirm.com ATTORNEYS FOR JOHN H. YOUNG, INC. 3 CERTIFICATE OF CONFERENCE I hereby certify that on May 23 and 24, 2016, I conferred with counsel for United States Steel Corporation regarding the relief requested herein. As of the filing of this Motion, United States Steel Corporation has not indicated that it is opposed to the relief requested herein. ___/s/ Nancy H. Elliott___________ Nancy H. Elliott CERTIFICATE OF COMPLIANCE Pursuant to Texas Rule of Appellate Procedure 9.4(i)(3), I hereby certify that this motion was prepared in Times New Roman 14-point font, and contains 296 words, and that this number was calculated using the word count program of Microsoft Word, which is the program that was used to prepare this document. _____/s/ Nancy H. Elliott_________ Nancy H. Elliott 4 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Motion to File Consolidated Brief has been served via electronic filing on the following counsel of record, this 27th day of May, 2016: Thomas M. Farrell MCGUIRE WOODS LLP 600 Travis Street, Suite 7500 Houston, Texas 77002 tfarrell@mcguirewoods.com Gary S. Kessler Bryon L. Romine KESSLER & COLLINS, P.C. 2100 Ross Ave., Suite 750 Dallas, Texas 75201 gsk@kesslercollins.com blr@kesslercollins.com ____/s/ Nancy H. Elliott________________ Nancy H. Elliott 5